HF 935

as introduced - 90th Legislature (2017 - 2018) Posted on 02/09/2017 01:36pm

A bill for an act
relating to public safety; providing for an order for protection for certain victims
of harassment; amending Minnesota Statutes 2016, sections 518B.01, by adding
a subdivision; 609.748, subdivisions 1, 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 518B.01, is amended by adding a subdivision
to read:

new text begin Subd. 10a. new text end

new text begin Harassment victims. new text end

new text begin A person who is a harassment victim of a single incident
of sexual assault under section 609.342, 609.343, 609.344, 609.3451, or 609.3453, regardless
of the relationship between the actor and the victim, may seek an order for protection in the
manner provided under this section or a restraining order under section 609.748.
new text end

Sec. 2.

Minnesota Statutes 2016, section 609.748, subdivision 1, is amended to read:

Subdivision 1.

Definition.

For the purposes of this section, the following terms have
the meanings given them in this subdivision.

(a) "Harassment" includes:

(1) a single incident of deleted text begin physical or deleted text end sexual assault deleted text begin , deleted text end new text begin under section 609.342, 609.343,
609.344, 609.345, 609.3451, or 609.3453, regardless of the relationship between the actor
and the intended target;
new text end

new text begin (2) a single incident of physical assault under section 609.221, 609.222, 609.223,
609.2231, 609.2232, 609.224, or 609.2241, regardless of the relationship between the actor
and the intended target;
new text end

new text begin (3) new text end a single incident of stalking under section 609.749, subdivision 2, clause (8), a single
incident of nonconsensual dissemination of private sexual images under section 617.261,
or repeated incidents of intrusive or unwanted acts, words, or gestures that have a substantial
adverse effect or are intended to have a substantial adverse effect on the safety, security, or
privacy of another, regardless of the relationship between the actor and the intended target;

deleted text begin (2) deleted text end new text begin (4) new text end targeted residential picketing; and

deleted text begin (3) deleted text end new text begin (5) new text end a pattern of attending public events after being notified that the actor's presence
at the event is harassing to another.

(b) "Respondent" includes any adults or juveniles alleged to have engaged in harassment
or organizations alleged to have sponsored or promoted harassment.

(c) "Targeted residential picketing" includes the following acts when committed on more
than one occasion:

(1) marching, standing, or patrolling by one or more persons directed solely at a particular
residential building in a manner that adversely affects the safety, security, or privacy of an
occupant of the building; or

(2) marching, standing, or patrolling by one or more persons which prevents an occupant
of a residential building from gaining access to or exiting from the property on which the
residential building is located.

Sec. 3.

Minnesota Statutes 2016, section 609.748, subdivision 2, is amended to read:

Subd. 2.

Restraining order; deleted text begin court jurisdiction deleted text end new text begin order for protection new text end .

new text begin (a) new text end A person
who is a victim of harassment new text begin under subdivision 1, paragraph (a), clauses (2) to (5), new text end may
seek a restraining order from the district court in the manner provided in this section. The
parent, guardian, or stepparent of a minor who is a victim of harassment may seek a
restraining order from the district court on behalf of the minor. An application for relief
under this section may be filed in the county of residence of either party or in the county in
which the alleged harassment occurred. There are no residency requirements that apply to
a petition for a harassment restraining order.

new text begin (b) A person who is a victim of harassment under subdivision 1, paragraph (a), clause
(1), may seek either a restraining order under paragraph (a) or an order for protection from
the district court in the manner provided in section 518B.01.
new text end